HB 5397

relating to authorizing out-of-state winery direct shipper's
permit holders to conduct sampling or tasting events at certain
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 54.01, Alcoholic Beverage Code, is
Sec. 54.01.  AUTHORIZED ACTIVITIES.  (a)  The holder of an
out-of-state winery direct shipper's permit may:
(1)  sell and deliver wine that is produced or bottled
by the permittee to an ultimate consumer located in the State of
(2)  dispense free wine for consumption at an event
(3)  collect an event or entrance fee.
(b)  A delivery of wine into this state by the holder of an
out-of-state winery direct shipper's permit [Delivery] must be made
by the holder of a carrier permit.
SECTION 2.  Chapter 54, Alcoholic Beverage Code, is amended
by adding Section 54.13 to read as follows:
Sec. 54.13.  SAMPLING AT TEMPORARY LOCATION.  (a)  The holder
of an out-of-state winery direct shipper's permit may conduct wine
samplings or tastings at a civic or wine festival, farmers' market,
(b)  The wine provided as a sample or at a tasting under
Subsection (a) must be produced or bottled by the holder of the
out-of-state winery direct shipper's permit.
(c)  Sample portions provided at a sampling or tasting event
under Subsection (a) may not exceed one ounce.
(d)  A person who receives a sample may not remove the sample
from the premises of the event under Subsection (a).
(e)  Wine may legally be transported by the holder of the
out-of-state winery direct shipper's permit or the permit holder's
agent or employee to the premises of the event for the purpose of
providing a sample or a tasting under this section.
(f)  The cost of the wine provided for a sampling or tasting
under this section is the responsibility of the holder of the
out-of-state winery direct shipper's permit providing the sampling
(g)  The commission may adopt rules to implement this
SECTION 3.  This Act takes effect September 1, 2025.